Rockbury Subdivision H-2017-0131
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR ROCKBURY SUBDIVISION– FP (H-2017-0131)
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: DECEMBER 5, 2017
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF ONE (1)
COMMERCIAL BUILDING LOT,
ONE (1) RESIDENTIAL BUILDING
LOT AND THREE (3) COMMON
LOTS ON 23.59 ACRES OF LAND
IN THE R-15 AND C-N ZONING
DISTRICTS FOR ROCKBURY
SUBDIVISION.
BY: ROCK HARBOR CHURCH,
INC.
APPLICANT
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CASE NO. H-2017-0131
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on December 5, 2017 for final plat approval
pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the
Administrative Review is complete by the Planning and Development Services Divisions of the
Community Development Department, to the Mayor and Council, and the Council having
considered the requirements of the preliminary plat, the Council takes the following action:
IT IS HEREBY ORDERED THAT:
1. The Final Plat of “PLAT SHOWING ROCKBURY SUBDIVISION, SITUATED
IN THE SOUTHEAST QUARTER OF AND THE SOUTHWEST QUARTER
OF SECTION 22, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE
MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017,
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR ROCKBURY SUBDIVISION– FP (H-2017-0131)
Page 2 of 3
HANDWRITTEN DATE: 1/29/2017, by MICHAEL S. BYRNS, PLS, SHEET 1
OF 6,” is conditionally approved subject to those conditions of Staff as set forth in
the staff report to the Mayor and City Council from the Planning and
Development Services divisions of the Community Development Department
dated December 5, 2017, a true and correct copy of which is attached hereto
marked “Exhibit A” and by this reference incorporated herein.
2. The final plat upon which there is contained the certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City’s
requirements shall be signed only at such time as:
2.1 The plat dimensions are approved by the City Engineer; and
2.2 The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash surety has been
issued guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho
Code§ 67-52.
By action of the City Council at its regular meeting held on the
[)C'C-e ` 60Y' , 2017.
Attest:
C.J4y Coles
City Clerk
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Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City Attorney.
By:
Dated: kQu 0 mb-a 12-,2.o 1 �2
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR ROCKBURY SUBDIVISION- FP (H-2017-0131)
Page 3 of 3
EXHIBIT A
Rockbury Subdivision - FP H-2017-0131 PAGE 1
STAFF REPORT
MEETING DATE: December 5, 2017
TO: Mayor and City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Rockbury Sub- FP (H-2017-0131)
I. APPLICATION SUMMARY
The applicant, Rock Harbor Church, Inc., has applied for final plat (FP) approval of (1) commercial
building lot, one (1) residential building lot, and (3) common area lots on 23.59 acres of land in the R-
15 and C-N zoning districts for Rockbury Subdivision.
II. STAFF RECOMMENDATION
Staff recommends approval of the Rockbury Subdivision final plat based on the analysis provided
below in Section V and conditions of approval in sections VII and VIII.
III. PROPOSED MOTION
Approval
I move to approve File Number H-2017-0131 as presented in the staff report for the hearing date of
December 5, 2017, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number H-2017-0131, as presented during the hearing on December 5, 2017, for
the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2017-0131 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 6437 N. Tree Haven Way, in the SW ¼ of Section 22, Township 4N., Range
1W.
B. Applicant/Owner:
Rock Harbor Church, Inc.
1608 N. Meridian Road, Suite 125
Meridian, Idaho 83642
C. Representative:
Scott Wonders, JUB Engineers
250 S. Beechwood Ave, #201
Boise, ID 83709
EXHIBIT A
Rockbury Subdivision - FP H-2017-0131 PAGE 2
V. STAFF ANALYSIS
The proposed final plat depicts 1 commercial building lot, 1 residential building lot and 3 common
area lots on 23.59 acres of land in the R-15 and C-N zoning districts. All of the lots proposed must
comply with the dimensional standards of the R-15 and C-N zoning districts listed in UDC Table 11-
2A-7 and 11-2B-3.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat as set forth in UDC 11-6B-3C.2. Staff finds the proposed final plat is in substantial compliance
with the approved preliminary plat.
City Council approved a variance for this project to allow for a right-in, right-out access to Chinden
Blvd. That approval was contingent on the approval of both ITD and ACHD. Initially, ITD granted a
verbal approval of the access. In further discussion with ITD, the applicant was required to update a
traffic study for the access and has shown some reluctance to now grant the approval. Additionally,
ACHD’s approval of the overall development was contingent on that access being granted.
Staff is comfortable moving the project forward with an added condition that the final plat approval is
contingent on approval by both ITD and ACHD.
VI. SITE SPECIFIC CONDITIONS
1. Applicant shall meet all terms of the approved annexation and preliminary plat (H-2017-0018 and
DA #2017-089735).
2. Include a note on the final plat the expressly prohibits direct lot access to Chinden Boulevard and
N. Tree Farm Way unless approved by ACHD, City of Meridian and ITD.
3. In accord with UDC 11-3A-3 and 11-3H-4, direct lot access to N. Tree Farm Way and W.
Chinden Blvd/U.S. Hwy 20-26, is prohibited unless specifically allowed by Ada County Highway
District, the City of Meridian and the Idaho Transportation Department. If the variance is
approved, the applicant and the adjacent property owner to the west shall record a reciprocal cross
access agreement for the shared access. The recorded cross access agreement shall be submitted
with a final plat application or with the certificate of zoning compliance application for the
development of the church property (Lot 2, Block 1), whichever is submitted first.
4. The applicant shall obtain the City Engineer’s signature on the final plat by June 7, 2019 or, apply
for a time extension in accord with UDC 11-6B-7.
5. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
6. The final plat prepared by JUB Engineers, Inc., stamped and dated on 10/03/2017 by Michael S.
Byrns PLS, shall be revised as follows:
a) A common lot is required along the north boundary of Lot 4, Block 1.
b) Add a note the responsible party for the maintenance of the common lots
7. The landscape plan prepared by TO Engineers, dated 07/18/2017, shall be revised as follows:
a. Construct a 35 -foot wide landscape buffer adjacent to Chinden Boulevard as proposed. If
the unimproved street right-of-way along W. Chinden Boulevard is 10 feet or greater
from the edge of pavement to edge of sidewalk or property line, and street widening
project is not in the transportation authority’s five year funded plan, the developer is
required to maintain a 10-foot wide compacted gravel shoulder meeting the construction
standards of the transportation authority and landscape the remainder with lawn or other
vegetative ground cover in accord with UDC 11-3B-7C.5. The applicant shall enter into a
EXHIBIT A
Rockbury Subdivision - FP H-2017-0131 PAGE 3
license agreement for the landscape improvements within the ROW. Construct fencing as
proposed. The developer is responsible for the construction of the fencing. If permanent
fencing does not exist at the subdivision boundary, temporary construction fencing to
contain debris shall be installed around this phase prior to release of building permits for
this subdivision.
b. The existing landscape buffer along the west N. Tree Farm Way and Common Lot 2,
Block 1 must remain protected during construction on the site. The 10-foot multi-use
pathway required on Lot 1, Block 1 shall be constructed in conjunction with the
certificate of zoning compliance for Rock Harbor Church.
c. Prior to City Engineer signature on the final plat, the applicant shall record a public
access easement for the multi-use pathway on Lots 1 and 2, Block 1.
d. Construct a 20-foot wide landscape buffer along the north side of Lot 4, Block 1, in
accord with UDC 11-3B-7C.
e. The applicant shall plat a common lot along the north side of Lot 4, Block 1.
f. Construct a 20-foot wide landscape buffer along the north side of Lot 4, Block 1, in
accord with UDC 11-3B-7C.
8. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the Applicant of responsibility for compliance.
9. Comply with the stormwater integration standards listed in UDC 11-3B-11C.
10. The applicant shall obtain a certificate of zoning compliance and administrative design review
prior to commencing construction of the church on Lot 2, Block 1.
11. All existing structures on the site shall be removed prior to signature on the final plat by the City
Engineer.
12. The existing tenants and businesses shall vacate the premises by December 31, 2017.
VII. GENERAL REQUIREMENTS
1. Sanitary sewer service to this development is available via extension of existing mains adjacent to
the development. The applicant shall install mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2. Water service to this site is to be provided by Suez Water Idaho.
3. All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance surety
for such improvements in order to obtain City Engineer signature on the final plat as set forth in
UDC 11-5C-3B.
4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete
fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat.
6. The City of Meridian requires that the owner post with the City a performance surety in the
amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior
EXHIBIT A
Rockbury Subdivision - FP H-2017-0131 PAGE 4
to final plat signature. This surety will be verified by a line item cost estimate provided by the
owner to the City. The applicant shall be required to enter into a Development Surety Agreement
with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit,
cash deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, and water infrastructure for a duration
of two years. This surety amount will be verified by a line item fin al cost invoicing provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health
improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a
surety agreement may be approved as set forth in UDC 11-5C-3C.
9. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
10. It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
11. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
12. Developer shall coordinate mailbox locations with the Meridian Post Office.
13. All grading of the site shall be performed in conformance with MCC 11-1-4B.
14. Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
15. The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the structural footings are at least 1-foot above.
16. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
17. At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be
installed at developer’s expense. Final design shall be submitted as part of the development plan
set for approval, which must include the location of any existing street lights. The contractor’s
work and materials shall conform to the ISPWC and the City of Meridian Supplemental
Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility
Coordinator at 898-5500 for information on the locations of existing street lighting.
EXHIBIT A
Rockbury Subdivision - FP H-2017-0131 PAGE 5
19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to signature of the final plat by the City Engineer.
20. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
21. Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at
(208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources.
22. Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment
procedures and inspections.
23. The City of Meridian requires that pressurized irrigation systems be supplied by a year -round
source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface
or well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single -point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
development plan approval.
24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
VIII. EXHIBITS
A. Vicinity Map
B. Approved Preliminary Plat (dated: 02/14/17)
C. Proposed Final Plat (dated: 10/03/17)
D. Proposed Landscape Plan (dated: 09/15/17)
EXHIBIT A
Rockbury Subdivision - FP H-2017-0131 PAGE 6
Exhibit A – Vicinity Map
EXHIBIT A
Rockbury Subdivision - FP H-2017-0131 PAGE 7
Exhibit B – Approved Preliminary Plat (dated: 02/14/17)
EXHIBIT A
Rockbury Subdivision - FP H-2017-0131 PAGE 8
Exhibit C – Proposed Final Plat (dated: 10/3/17)
EXHIBIT A
Rockbury Subdivision - FP H-2017-0131 PAGE 9
Exhibit D –Proposed Landscape Plan (dated: 09/15/17)